April 25, 2001


A regular meeting of the City Council of the City of Louisville was held on Wednesday, April 25, 2001, at 7:00 p.m. at the City Hall. Present was Mayor Henry, Council Members: Rod Petersen, Don Harris, Dave Pankonin and Greg Manley. Also present was attorney Roger Johnson

Notice of the regular meeting was given in advance thereof by publication in the Plattsmouth Journal and by posting in three (3) public places as shown by the certificate attached to these minutes. Notice was simultaneously given to all council members. Their acknowledgement of receipt of notice and the agenda is attached to these minutes. All proceedings thereafter were taken while the convened meeting was open to the public. 

Motion by Petersen, second by Pankonin to approve the consent agenda. Roll call vote: Petersen, Aye; Manley, Aye; Harris, Aye; Pankonin, Aye. Motion carried.

Roger Johnson reviewed paragraph 18 of the Subdivision Agreement for the South Ridge Subdivision. Paragraph 18 outlines the city's contractual obligations. There were some questions as to who would be engineering the water or sewer line. Ron Ross of Ross Engineering stated all the interior water for the subdivision, the storm sewer, grading and paving has all been engineered, including the sanitary the city will be providing to the property line. The only item that isn't done is the 10" water main that the city is bringing up to the property. Ross Engineering has some question on the timing for that water main. Mayor Henry stated the water main has been engineered to Walnut Street and is currently being worked on from Walnut Street to South Ridge. Bids should be let some time this summer. Mayor Henry stated that if there is a problem with South Ridge needing water before the main is finished, the city engineer said one or two houses could be hooked on to an existing service in that area until the main is finished. Roger Johnson will make the necessary corrections to the language in paragraph 18. Mayor Henry will sign the agreement after the corrections are made.

Ron Ross requested the city stand the expense of the outer lane of Elm Street paving, since there is no building lots available there for the developer to recoup their expense. Rod Petersen felt the city could not afford to take on any more expense with the project. Greg Manley and Don Harris agreed with Rod Petersen. Dave Pankonin abstained from comment. A lot on Grandview Drive will be deeded to the city for a future water tower site in exchange for participating in the cost of the lift station. Mayor Henry felt the city could recoup the cost of the intersections through tap fees and building permits. It was decided the city should pay for any costs incurred by the city engineer on the project. 

Motion by Greg Manley second by Rod Petersen to approve the Subdivision Agreement subject to the language correction in paragraph 18 and to authorize the Mayor to sign the agreement. Roll call vote: Petersen, aye; Manley, aye; Harris, nay; Pankonin, abstain. Motion carried.

Motion by Petersen, second by Manley to approve the final plat of the South Ridge Subdivision Phase IA and Phase IB. Roll call vote: Manley, aye; Petersen, aye; Harris, nay; Pankonin, abstain. Motion carried.

Motion by Manley, second by Petersen to approve waiver in South Ridge Subdivision for 26' wide asphalt in rural area. Roll call vote: Pankonin, abstain; Harris, nay; Manley, aye; Petersen, aye. Motion carried.

Melanie Mueller addressed the council regarding their wish to purchase lot 804 from the city. The property is adjacent to the Mueller's property and their wish is to purchase it to put their dog kennel on. The lot is nonbuildable due to the utilities running through it. The easements through the lot will remain for the utilities. Motion by Harris, second by Manley to sell lot 804 to Alan and Melanie Mueller subject to easements being located and clean title search. Roll call vote: Petersen, aye; Manley, aye; Harris, aye; Pankonin, abstain. Motion carried. 

Barry Boyd of Schemmer & Associates Engineering gave a brief presentation on their firm and the engineering services they provide. Mayor Henry suggested Mr. Boyd approach the council again in September or October as the engineer will be appointed at the December council meeting. 

Per Roger Johnson, Ordinance #707 for South Ridge Subdivision is not needed due to motions on final plat and subdivision agreement. 

Motion by Manley, second by Harris to approve Resolution 01-13 for the merger of American Media and Charter USA for the cable television franchise. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Motion by Manley, second by Pankonin to make speed limit changes on Hwy 50 and 66 based on the study from the Nebraska Department of Roads and to direct the City Clerk to seek approval from the Department of Roads. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Upon confirmation from the State, Resolution 01-14 will be adopted. 

A representative from the Jaycees presented the signatures obtained for closing a portion of Main Street for their Poker Run on June 23rd. The library was the only business that did not sign the request. The Jaycees will compromise and ask for street closure from River City Antiques to the corner on the West Side and from Home State Bank to the corner on the East Side. Motion by Pankonin, second by Manley to allow closing of Main Street as indicated by the Jaycees on June 23rd for the Poker Run. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. The city was thanked for the materials provided for the horseshoe pits in the park. Permission was asked to use the park pavilion for the craft show for Louisville Daz and to borrow the barrels and snow fencing for the dance. Permission was granted for these items. The Jaycees will pick up the snow fence and barrels on Friday, May 25th. 

The Jaycees are planning a second street dance for July 28th from 8:00 p.m. to 12:30 p.m. on Copple's lot. They would like to proceed with an application for the special liquor license. Motion by Petersen second by Manley to allow the Jaycees to begin the application process for the special liquor license for the July 28th street dance. 

The Welcome to Louisville sign located by Ash Grove is owned by the Jaycees and they would like to clean up the ditch area in front of the sign. The ditch is owned by the State. The Jaycees would like to make Louisville Daz a permanent date of Memorial Day weekend and put that information on the sign. Permission was granted to put this information on the sign.

Dave Pankonin reported on the Eastwood Drive/Hwy 66 right of way issue. Greg Manley and Dave Pankonin recommend that from a safety and access standpoint, the right of way from the State be requested while it is still available. Motion by Pankonin second by Manley to request the right of way from the State. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. The City Clerk will contact Eric Obert regarding communication with the Nebraska Department of Roads. Discussion followed regarding the initiation of this issue and who would be responsible for the paving of Eastwood Drive. The developer would be responsible for the paving. 

Discussions followed on the sheriff's contract. Roger Johnson had the revised sheriff's contract for the Mayor's signature. Motion was made at the February 14, 2001, meeting to authorize Mayor to sign the contract. Some concern was noted over back payments not made. The sheriff's office is trying to have the same contract with each town so there is no confusion for deputies on patrol. The clerk is to have a check for $3,172 for the April contract amount in the warrants for the May 9th meeting. 

Roger Johnson is waiting on Wayne Chriswisser to set up a meeting with the Rural Board and the City to discuss the rescue squad agreement with Cedar Creek. Discussion followed on past purchases of equipment and the requests Cedar Creek made in the agreement. 

Discussion on request from JEO to approve slope of Hawthorne Lane in Prairie Hills. The slope is 12.4% and maximum design standard is 10%. Motion by Petersen, second by Manley to approve the proposed slope of the paving on Hawthorne Lane and to request the Street Superintendent to submit the plan to the Board of Classifications and Standards for their approval. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

A bid from Arrow Striping, Inc was received for the painting of the parking stalls on Main Street. The bid is for $619 for 85 stalls and does include the handicap-parking stall. Alternates are painting of red curb @ .35 per foot, painting of cross walks with 12" beaded white line @ $40.00 each and adding reflective glass beads to parking lines for $82.00. It was decided crosswalks would be needed at the intersections on 2nd and 3rd and Main. Motion by Petersen, second by Manley to approve bid from Arrow Striping to paint parking stalls for $619.00, to paint red curbs @ .35 per foot and crosswalks at intersections of 2nd and 3rd at a cost of not more than $160 per intersection. Roll call vote: Petersen, aye; Manley, aye; Harris, aye; Pankonin, aye. Motion carried. 

Discussion on request from Fire Department to purchase three additional pagers due to additional members on the department. Mayor Henry commented on the items discussed at the Rural Fire Board meeting on Thursday, April 19th pertaining to trucks and equipment. Motion by Pankonin, second by Harris to approve purchase of three additional pagers for the Fire Department. Roll call vote: Petersen, aye; Manley, aye; Harris, aye; Pankonin, aye. Motion carried.

A letter was received from the Nebraska Development Network regarding a dinner on May 16th at the Lighthouse in Cedar Creek. The program will be on land use planning and regulation in Nebraska. The cost is $5.00 per person. Those interested in attending will need to send in their reservations by May 9th. The same letter is also being sent to the Planning Commission members. 

A rental/purchase agreement from Logan Contractors Supply for the air compressor, jackhammer and tamper was discussed. Rental on the compressor is $675 per month, $216 per month on the hammer and $180 per month on the tamper. On the rental/purchase agreement, 75% of all rental paid will be applied towards the purchase price. Purchase price of the compressor is $7,850, $950 for the hammer and $700 for the tamper. The equipment can be rented until the next budget year and at that time purchase the equipment. Mayor Henry contacted other suppliers of this equipment for prices and they did not return the phone call. Dave Pankonin suggested a safety program be in place. The insurance carrier should be contacted regarding a safety program. Rental on the equipment would be $1,071 per month, for the remainder of the budget year the cost would be $5,355. Seventy-five percent of this amount, or $4,016, will be applied toward the purchase price of the equipment. While the equipment is being rented, if anything goes wrong or happens to it, it is the responsibility of Logan Contractors Supply. In order to run the crack sealer and patch the holes in the streets the equipment will be needed. Motion by Petersen, second by Pankonin to enter into a rental/purchase agreement with Logan Contractors Supply for the air compressor, hammer and tamper. Roll call vote: Manley, aye; Harris, aye; Pankonin, aye; Petersen, aye. Motion carried. 

Dave Pankonin discussed the disclosure of conflict of interest form and the procedure he followed when a purchase was made at his business for the City. The City has an open account with Pankonin's. Attorney Johnson felt it had been handled properly. 

Motion by Manley, second by Petersen to adjourn at 8:35 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

I, the undersigned clerk, hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and City Council of Louisville to the best of my knowledge, that the agenda was kept continually current and available for public inspection; and that the minutes were in written form and available for public inspection within 10 working days; the minutes are published in summary form, upon request a complete copy if available at the City Hall.

Candace J. McClun
City Clerk 

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